S.Amdt. 5648

SA 5648. Mrs. MURRAY (for herself and Mr. Padilla) submitted an
amendment intended to be proposed to amendment SA 5453 proposed by Mr.
Graham to the bill S. 2, to provide for reconciliation pursuant to
title II of S. Con. Res. 33.; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. IMMIGRATION ENFORCEMENT REFORMS.

(a) Immigration Facility Access.--
(1) In general.--None of the funds appropriated or
otherwise made available by this Act or any other Act,
including prior Acts and laws other than appropriations Acts,
to the Department of Homeland Security may be used to prevent
any of the following persons from entering, for the purpose
of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise
house aliens, or to make any temporary modification at any
such facility that in any way alters what is observed by a
visiting Member of Congress or such designated employee,
compared to what would be observed in the absence of such
modification:
(A) A Member of Congress; or
(B) An employee of the United States House of
Representatives or the United States Senate designated by
such a Member for the purposes of this section.
(2) Rule of construction.--Nothing in this subsection may
be construed to require a Member of Congress to provide prior
notice of the intent to enter a facility described in
subsection (a)(1) for the purpose of conducting oversight.
(3) Requests to enter.--With respect to individuals
described in paragraph (1)(B), the Department of Homeland
Security may require that a request be made at least 24 hours
in advance of an intent to enter a facility described in
paragraph (1).
(b) Arrest Warrant Requirements.--
(1) In general.--Notwithstanding any other provision of
law, no law enforcement officer or immigration officer
employed by, or acting under the authority of, the Department
of Homeland Security may make a civil immigration arrest or
seizure of an individual who is not a United States citizen
(referred to in this subsection as a ``noncitizen'') unless
such arrest or seizure is authorized by a warrant that meets
the requirements of this subsection.
(2) Exception.--Except as provided in paragraph (3), a
warrant shall--
(A) be served on the recipient with all accompanying
documentation required by subparagraphs (B), (C), and (D) at
the time of arrest or seizure;
(B) accurately document individualized probable cause of
the inadmissibility of the noncitizen under section 212 of
the Immigration and Nationality Act (8 U.S.C. 1182) or
removability under section 237 of such Act (8 U.S.C. 1227)
from the United States;
(C) be approved by a supervising officer at least 12 hours
in advance of execution of the warrant; and
(D) be issued concurrently with, or based on a previously-
issued notice to appear or conclusive evidence of an existing
removal order.
(3) Rule of construction with respect to law enforcement
authority.--
(A) In general.--Nothing in this subsection shall be
construed to limit the ability of a law enforcement officer
or immigration officer employed by, or acting under the
authority of, the Department of Homeland Security to conduct
a warrantless arrest pursuant to section 287(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1357(a)(2) if--
(i) the arrest is within a reasonable distance from any
external boundary of the United States; and
(ii)(I) the individual is--

(aa) subject to removal pursuant to section 236 or 238 of
subparagraph (A),(B), (D), (E), or (F) of section 237 of the
Immigration and Nationality Act (8 U.S.C. 1226(c), 1228(a),
1227(a)(4)(A), (B), (D), (E), (F)); or
(bb) has a final order of removal that is administratively
final pursuant to 8 U.S.C. 1101(a)(47);

(II) or if there exists serious and extreme exigent
circumstances that require the agent to reasonably determine
that a warrantless arrest must be made.
(B) Exigent circumstances.--If a warrantless arrest is made
due to serious and extreme exigent circumstances--
(i) those specific, particularized circumstances and
probable cause to make the arrest pursuant to section
287(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1357(a)(2)) must be documented in the individual's Form I-
213; and
(ii) the Form I-213 (Record of Deportable/Inadmissible
Alien) must be promptly served on the individual.
(4) Review at hearing.--
(A) In general.--At any hearing or proceeding a magistrate
judge is authorized to review whether a noncitizen was
arrested or seized in violation of--
(i) the Fourth Amendment to the Constitution of the United
States;
(ii) the requirements of section 287(a)(2) of the
Immigration and Nationality Act ( 8 U.S.C. 1357(a)(2)); or
(iii) the requirements of this subsection.
(B) Right to review.--A noncitizen is entitled to--
(i) request the review described in subparagraph (A); and
(ii) an evidentiary hearing, where witnesses,
documentation, and verbal testimony may be elicited or
examined.
(5) Termination of removal proceedings.--
(A) In general.--After a review under paragraph (4), if the
magistrate judge determines that the relevant arrest was in
violation of the requirements described in clause (i), (ii),
or (iii) of that paragraph, the Attorney General shall
terminate removal proceedings of the noncitizen with
prejudice, absent a change in material circumstances, unless
the noncitizen affirmatively moves to continue proceedings.
(B) Evidence.--In the case where the proceeding is
terminated, all evidence adduced in connection with such an
arrest shall not serve as evidence of alienage or any other
factor considered by an immigration judge in removal
proceedings.
(6) Authority of immigration officers.--Nothing in this
section may be construed to limit the authority of an officer
or employee under paragraphs (1), (2), (3), (4), and (5) of
section 287(a) of the Immigration and Nationality Act (8
U.S.C. 1357(a)(1), (2), (3), (4), (5)).
(7) Warrant defined.--In this subsection, the term
``warrant'' means an administrative warrant and does not
include a warrant issued by a Federal magistrate judge or any
court created under article III of the Constitution of the
United States.
(c) Body-worn Cameras.--
(1) In general.--None of the funds appropriated or
otherwise made available by this Act or any other Act,
including prior Acts

[[Page S2599]]

and laws other than appropriations Acts, to the Department of
Homeland Security may be used in contravention of the
requirements of this subsection.
(2) Requirements.--
(A) Camera operation.--
(i) In general.--A law enforcement officer or immigration
officer employed by, or acting under the authority of, the
Department of Homeland Security performing civil immigration
enforcement activities under the immigration laws (as such
term is defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)) shall operate Government
issued body-worn cameras with sound and video recording
capabilities such activities that involve approaching,
pursuing, detaining, apprehending, or otherwise engaging with
members of the public in a context that may require a
custodial arrest, including any arrest, search, execution of
a warrant, transport, perimeter control, or use-of-force
incident.
(ii) Exception.--The requirement in clause (i) shall not
apply to a law enforcement officer or immigration officer
employed by, or acting under the authority of, the Department
of Homeland Security, during an ongoing undercover operation
if--

(I) such application would compromise the integrity of such
operation; and
(II) the waiver of such requirement is documented in
writing.

(B) Failure to comply.--Any interruption, deactivation, or
failure to activate a camera described under this subsection
during the civil immigration enforcement activities described
in subparagraph (A)(i) shall be documented in writing and be
subject to disciplinary review.
(C) Prohibition on use of funds personally identifiable
information.--Funds appropriated or otherwise made available
by this Act or any other Act, including prior Acts and laws
other than appropriations Acts, to the Department of Homeland
Security shall not be used to collect personally identifiable
information for the purposes of cataloguing, surveilling,
documenting, targeting, arresting, or seizing individuals,
including biometric and biographic information, based on
speech protected by the First Amendment to the Constitution
of the United States or for civil immigration enforcement
purposes, unless--
(i) such information is used for identity verification
purposes for trusted traveler programs and credentialing
handled by the Department; and
(ii) no Government issued body-worn camera, Government-
owned vehicle-mounted camera, or any other camera of the
Department is equipped with, or able to employ, facial
recognition technology.
(D) Use of funds for retention of footage.--Funds
appropriated or otherwise made available by this Act or any
other Act, including prior Acts and laws other than
appropriations Acts, to the Department of Homeland Security
shall be used for the retention of footage from body-worn,
vehicle-mounted, and other cameras used by law enforcement
officers and immigration officers employed by, or acting
under the authority of, the Department of Homeland Security,
which shall include--
(i) retaining such footage for 4 years after the date on
which the footage was recorded; and
(ii) during such period, permitted inspection of such
footage by--

(I) any individual in such footage;
(II) the legal counsel of such individual; and
(III) any local, State, Tribal, or Federal official for the
purpose of investigating or prosecuting a crime.

(3) Application.--The requirements in paragraph (2) shall
apply to all Federal Government issued body-worn cameras,
Federal Government owned vehicle-mounted cameras, and other
cameras used by the Department of Homeland Security.
(4) Procedures for requesting footage.--All video footage
of any interaction or event captured by a body-worn camera
that is requested by a person not described under paragraph
(2)(D)(ii) and identified with reasonable specificity shall
be provided to such person in accordance with the procedures
for requesting and providing Federal Government records set
forth in section 552 of title 5, United States Code.
(5) Inspector general audit.--The Inspector General of the
Department of Homeland Security shall--
(A) regularly audit U.S. Citizenship and Immigration
Services, U.S. Customs and Border Protection, and U.S.
Immigration and Customs Enforcement for compliance with the
requirements of this subsection;
(B) not later than 30 days after determining that a
component of the Department of Homeland Security has failed
to comply with the requirements of this subsection in a
substantial manner, submit to the appropriate committees of
Congress a report on such failure to comply; and
(C) not later than 5 days after such submission, post the
report on a public website of the Inspector General of the
Department of Homeland Security.
(d) Training and Hiring Standards.--
(1) In general.--None of the funds appropriated or
otherwise made available by this Act or any other Act,
including prior Acts and laws other than appropriations Acts,
to the Department of Homeland Security may be used in
contravention of minimum hiring and training requirements and
qualifications implemented at the Department of Homeland
Security as of October 1, 2024.
(2) Report.--Quarterly, the Secretary of Homeland Security
shall submit to the appropriate committees of Congress a
report on the total number of law enforcement officers,
disaggregated by component of the Department of Homeland
Security, that have received certification for initial and
recurring use of force training.
(3) Training requirement.--The use of force training
described in paragraph (2) shall include de-escalation
tactics and training on lethal and less than lethal weapons.
(e) Prohibition on Detention or Deportation of United
States Citizens.--None of the funds appropriated or otherwise
made available by this Act or any other Act, including prior
Acts and laws other than appropriations Acts, to the
Department of Homeland Security may be used by a law
enforcement officer or an immigration officer employed by, or
acting under the authority of, the Department of Homeland
Security--
(1) to detain or seize a United States citizen, except
pursuant to independent State or Federal criminal authority
unrelated to civil immigration enforcement authorized under
existing law; or
(2) to deport, remove, transfer for removal, or otherwise
cause to be removed a United States citizen from the United
States.
(f) Sensitive Locations.--
(1) In general.--None of the funds appropriated or
otherwise made available by this Act or any other Act,
including prior Acts and laws other than appropriations Acts,
to the Department of Homeland Security may be used to carry
out any civil immigration enforcement activities under the
immigration laws (as such term is defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101)) that
impede access to, occur at, within, or are directed at a
person because the person is located at, entering, exiting,
or attending a sensitive location.
(2) Exception.--
(A) In general.--Paragraph (1) shall not apply if a
judicial warrant is presented or where specific and
articulable exigent circumstances require immediate action to
prevent imminent death or serious bodily injury, and the
basis for such exception is documented in writing.
(B) Exigent circumstance.--For purposes of this paragraph,
the term ``exigent circumstance'' shall not include
generalized public safety, flight risk, proximity to the
border, or the existence of a civil administrative warrant.
(C) Notification.--The Secretary of Homeland Security
shall--
(i) not later than 30 days after carrying out an
enforcement action under exigent circumstance, submit to the
appropriate committees of Congress a notification of any such
enforcement action; and
(ii) not later than 5 days after submitting a notification,
publish on a public website of the Department of Homeland
Security such notification.
(3) Definitions.--In this subsection:
(A) Civil immigration enforcement activities.--The term
``civil immigration enforcement activities'' include arrest,
seizure, request for identification, questioning, routine or
spontaneous investigatory activity, surveillance, or waiting
immediately outside of a sensitive location for the purpose
of effecting a civil immigration enforcement action.
(B) Sensitive location.--The term ``sensitive location''
means--
(i) any medical or mental healthcare facility, including
any hospital, health care practitioner's office, accredited
health clinic, vaccination or testing site, emergent or
urgent care facility, community health center, or veterans
affairs hospital or medical center;
(ii) a public or private school, including any preschool,
primary school, or secondary school, or other early childhood
education program;
(iii) a school bus or school bus stop during periods when
school children are present on the bus or at the stop;
(iv) any child care focused facility, including child care
centers, before or after school care centers, foster care
facilities, and group homes for children;
(v) a specific facility where Federally-declared disaster
or emergency response relief, including supplies, food,
water, or services, are being provided on a short-term basis;
(vi) a place of religious worship or the site of a funeral
or wedding;
(vii) a courthouse, immigration court, or space primarily
used for legal services or consultation related to a pending
proceeding; or
(viii) a polling place during voting or election
administration.
(g) End Racial Profiling.--
(1) In general.--None of the funds appropriated or
otherwise made available by this Act or any other Act,
including prior Acts and laws other than appropriations Acts,
to the Department of Homeland Security may be used, by any
law enforcement officer or immigration officer employed by,
or acting under the authority of, the Department of Homeland
Security to seize, detain, or arrest an individual, or
subject an individual to routine or spontaneous investigatory
activities on the basis of any of the following:
(A) The actual or perceived race, color, religion, sex,
national origin, gender, gender identity, sexual orientation,
or ethnicity of the individual.
(B) The presence of the individual at a location associated
with the recruitment or

[[Page S2600]]

transportation of individuals for informal or temporary
employment, including bus stops, car washes, or agricultural
sites.
(C) Participation by the individual in a particular hobby,
leisure activity, job, or career.
(D) Use of Spanish or any language other than English, or
use of English with an accent, by the individual.
(2) Review at hearing.--
(A) In general.--At any hearing or proceeding a magistrate
judge is authorized to review whether a noncitizen was
arrested or seized in violation of--
(i) the Fourth Amendment to the Constitution of the United
States; or
(ii) the requirements of this subsection.
(B) Right to review.--A noncitizen is entitled to--
(i) request the review described in subparagraph (A); and
(ii) an evidentiary hearing, where witnesses,
documentation, and verbal testimony may be elicited or
examined.
(3) Termination of removal proceedings.--
(A) In general.--After a review under paragraph (2), if the
magistrate judge determines that the relevant arrest was in
violation of the requirements described in clause (i) or (ii)
of that paragraph, the Attorney General shall terminate
removal proceedings of the noncitizen with prejudice, absent
a change in material circumstances, unless the noncitizen
affirmatively moves to continue proceedings.
(B) Evidence.--In the case where the proceeding is
terminated, all evidence adduced in connection with such an
arrest shall not serve as evidence of alienage or any other
factor considered by an immigration judge in removal
proceedings.
(h) Identification Requirements and Prohibition on Face
Coverings.--
(1) In general.--None of the funds appropriated or
otherwise made available by this Act or any other Act,
including prior Acts and laws other than appropriations Acts,
to the Department of Homeland Security shall be available to
carry out civil immigration enforcement activities under the
immigration laws (as such term is defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101)) unless
law enforcement officers and immigration officers employed
by, or acting under the authority of, the Department of
Homeland Security involved in such activities--
(A) wear and visibly display appropriate identification,
including visible numerical, last name and agency
identifiers; and
(B) are prohibited from wearing a mask, face covering, or
other implement that fully or partially obscures their face,
unless such implement is medically necessary.
(2) Numerical identifiers.--
(A) Directory.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall establish and implement a publicly accessible directory
of the Department of Homeland Security or a complaint process
through which numerical identifiers described under this
subsection shall be usable.
(B) Requirements.--Numerical identifiers shall--
(i) be deployed in carrying out civil immigration
enforcement activities that--

(I) involve engaging with members of the public; and
(II) may require a custodial arrest, including any arrest,
search, execution of a warrant, transport, or perimeter
control;

(ii) clearly and legibly display the number of the
immigration officer wearing such identifier;
(iii) be worn on the outermost garment;
(iv) be unobscured; and
(v) be of sufficient size and contrast to be readable by a
person during an ordinary encounter.
(C) Disclosure.--Law enforcement officers and immigration
officers employed by, or acting under the authority of, the
Department of Homeland Security shall clearly verbalize, upon
request, their agency and numerical identifier to any person
with whom they are engaging in the official performance of
their duties.
(D) Exceptions.--The requirements in clauses (ii) through
(v) of subparagraph (B), subparagraph (C), and paragraph
(1)(B) shall not apply to a law enforcement officer or
immigration officer employed by, or acting under the
authority of, the Department of Homeland Security during an
ongoing undercover operation if--
(i) such application would compromise the integrity of such
operation; and
(ii) the waiver of such requirement is documented in
writing.
(E) Report.--
(i) Submission.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the appropriate committees of Congress a
report on the implementation of subparagraph (A). and
(ii) Publication.--Not later than 5 days after the
submission of the report require by clause (i), the Secretary
of Homeland Security shall publish such report on a public
website of the Department of Homeland Security.
(3) Protection of immigration officers under anti-doxing
statute.--Section 119(b)(2) of title 18, United States Code,
is amended--
(A) in subparagraph (C), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(E) an immigration officer, as defined in section
101(a)(18) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(18));''.
(4) Rule of construction.--Nothing in this subsection shall
be construed to prohibit the reporting, recording,
publication, or complaint-based disclosure of an officer's
conduct, component, numerical identifier, or actions taken
during an enforcement encounter in a public place or in any
place where the person is lawfully present.
(i) Prohibition on Use of Funds to Withhold Evidence for
Use-of-force Investigations.--
(1) In general.--None of the funds appropriated or
otherwise made available by this Act or any other Act,
including prior Acts and laws other than appropriations Acts,
to the Secretary of Homeland Security may be used--
(A) to withhold evidence or any other record or information
from an entity conducting an investigation of a use-of-force
incident involving any law enforcement officer or immigration
officer employed by, or acting under the authority of, the
Department of Homeland Security resulting in the death or
injury to any individual; or
(B) to otherwise interfere with, delay, or compromise such
an investigation.
(2) Penalty.--Notwithstanding any other provision of law,
any individual who knowingly withholds evidence or any other
record or information from an entity conducting an
investigation of a use-of-force incident involving any law
enforcement officer or immigration officer employed by, or
acting under the authority of, the Department of Homeland
Security resulting in the death or injury to any individual,
who knowingly otherwise interferes with, delays, or
compromises such an investigation, or who knowingly
participates in any activity to interfere with, delay, or
compromise such an investigation shall be fined not more than
$25,000, imprisoned for not more than 5 years, and
permanently separated from employment with the Federal
Government without benefits.
(j) Issuance of Standards Governing Use of Force by Covered
Officers.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall issue, by regulation, minimum standards governing the
use of force by a covered officer.
(2) Elements.--The standards required by paragraph (1), and
the use of force policy of each covered agency, shall
include, at minimum, the following:
(A) Instruction and operational direction on the
proportional use of force, including a requirement that any
use of force must be objectively reasonable under the
totality of the circumstances and proportional to the threat
and lawful objective.
(B) A requirement that covered officers shall use, if
feasible and consistent with officer and public safety and
after providing reasonable opportunity for individuals to
submit to verbal commands, alternatives to force, including
de-escalation tactics and techniques, before using force and
during force encounters so as to reduce the need for force.
(C) A prohibition on chokeholds and carotid holds, except
that if the head of a covered agency authorizes a chokehold
in narrowly defined circumstances, the policy shall limit the
use of a chokehold to circumstances in which the covered
officer perceives an immediate threat of serious bodily
injury or death to the officer or another individual.
(D) A provision that sets forth a duty requiring an on-duty
covered officer who observes another covered officer engaging
or attempting to engage in excessive use of force--
(i) to intervene to end the excessive use of force or
attempted excessive use of force, if such intervention is
reasonable based on the totality of the circumstances; and
(ii) to promptly report the observed conduct to a
supervisor, the component's Office of Professional
Responsibility (or equivalent), or another designated
reporting channel.
(E) A provision that states that the duty to intervene
described in subparagraph (D) shall apply only in a case in
which the observing covered officer may intervene without
jeopardizing the observing covered officer's health or safety
or the health or safety of another individual.
(F) A provision that sets forth a duty to avoid
intentionally and unreasonably occupying a position in which
the officer has no alternative to using deadly force.
(G) A requirement that firearms shall not be discharged at
a moving vehicle unless--
(i) an individual in the vehicle is threatening the officer
or another individual with deadly force by means other than
the vehicle; or
(ii)(I) the vehicle is operated in a manner deliberately
intended to strike the officer or another individual; and
(II) all other reasonable means of defense have been
exhausted or are not present or practical, including moving
out of the path of the vehicle.
(H) A provision that sets forth a duty requiring a covered
officer who knows, or in any case in which it is otherwise
evident, that an individual who is detained, in custody, or
otherwise subject to the covered officer's control is injured
or requires medical attention to provide first aid or seek
medical assistance if such action is reasonable based

[[Page S2601]]

on the totality of the circumstances and the covered officer
may do so without jeopardizing health or safety.
(I) Instruction on the recognition of the evident symptoms
and characteristics of an individual with a substance use
disorder or a mental illness and appropriate responses to an
individual exhibiting such symptoms or characteristics.
(J) A prohibition on deployment of lethal weapons or less-
lethal tools or techniques for which the officer has not
received training or for which the officer's annual training
certification has lapsed.
(3) Provision of training.--The head of each covered agency
shall provide initial and annual training to covered officers
consistent with the standards issued under paragraph (1).
(4) Publication.--The head of each covered agency shall
publish the use-of-force policy of the covered agency issued
under this section on a publicly accessible website.
(5) Submission.--The head of each covered agency shall--
(A) provide to the Secretary of Homeland Security
unredacted electronic copies of the use-of-force policy of
the covered agency issued under this section, use of force
handbooks, and any subsequent updates; and
(B) not less frequently than annually--
(i) in a manner prescribed by the Secretary of Homeland
Security, certify to the Secretary of Homeland Security
compliance with such policy; and
(ii) submit to the appropriate committees of Congress
copies of such policy, handbooks, subsequent updates, and
certifications.
(6) Limitation on use of funds.--None of the funds
appropriated or otherwise made available by this Act or any
other Act, including prior Acts and laws other than
appropriations Acts, to the Secretary of Homeland Security
may be obligated or expended for any domestic law enforcement
or immigration enforcement operation involving more than 10
Department of Homeland Security law enforcement officers
unless the designated operational commander establishes and
documents rules of engagement-based operational controls that
are consistent with, and implement, a use-of-force policy
that complies with paragraphs (1) and (2) before such
enforcement operation commences.
(7) Rules of engagement-based controls.--The rules of
engagement-based controls described in paragraph (6)--
(A) shall be developed in advance for exigent
circumstances;
(B) shall be documented in writing; and
(C) shall include, at a minimum, operational guidance
requiring that any use of deadly force be based on a
reasonable belief of an imminent threat of death or serious
bodily injury, consistent with the use-of-force policy and
governing constitutional standards of the Department of
Homeland Security.
(8) Documenation.--Documentation required under paragraphs
(6) and (7) shall be maintained as an official Department of
Homeland Security record and submitted to the appropriate
committees of Congress and the Office of Inspector General of
the Department of Homeland Security before an enforcement
operation described in paragraph (6) commences.
(9) Policies and procedures for certain investigations.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall require the head of each covered agency to maintain
written policies and procedures for the conduct and
documentation of investigations in any case in which a
covered officer's use of force results in--
(i) the death of any individual; or
(ii) the intentional discharge of a firearm that results in
injury or death to any individual.
(B) Independent review.--Each investigation described in
subparagraph (A) shall be subject to an independent review by
an entity not within the chain of command of the involved
officer and that has expertise in use-of-force
investigations, which may include--
(i) the Office of Inspector General of the Department of
Homeland Security;
(ii) an investigative unit designated by the Secretary of
Homeland Security that is organizationally independent of the
involved component; or
(iii) any other Federal, State, local, or Tribal law
enforcement entity that agrees to conduct the independent
review under a memorandum of understanding.
(C) Report.--Not later than 45 days after an independent
review under subparagraph (B) is completed, the reviewing
entity shall submit a written independent report summarizing
findings and recommendations to--
(i) the Secretary of Homeland Security;
(ii) the head of the covered agency concerned;
(iii) the Department of Homeland Security Office for Civil
Rights and Civil Liberties;
(iv) the appropriate committees of Congress; and
(v) the Inspector General of the Department of Homeland
Security.
(10) Prohibition on use of funds to delay or deny emergency
medical access.--None of the funds made available by this or
any other Act, including prior Acts and laws other than
appropriations Acts, to the Secretary of Homeland Security
may be obligated or expended to delay or deny emergency
medical access to an individual injured during a Department
of Homeland Security-led enforcement action, absent an
articulable and documented exigent threat to public safety.
(11) Corrective action plan.--Not later than 60 days after
the date on which any lethal use-of-force incident occurs
during a domestic enforcement operation, the Secretary of
Homeland Security shall submit to the appropriate committees
of Congress, and post on a publicly accessible website of the
Department of Homeland Security, any corrective action plan
detailing policy revisions, training changes, and command
accountability measures implemented in response to such
incident.
(12) Prohibition on use of funds to contravene leave
policies.--None of the funds appropriated or otherwise made
available to the Secretary of Homeland Security by this Act
or any other Act, including prior Acts and laws other than
appropriations Acts, may be used in contravention of section
6329(b) of title 5, United States Code, or accompanying
policies directing administrative and investigative leave as
a result of a use-of-deadly-force incident under active
investigation.
(13) Effect of failure to comply.--If the Inspector General
of the Department of Homeland Security determines that a
component of the Department of Homeland Security materially
failed to comply with the requirements of this section, not
less than 10 percent of all unobligated funds within the
Operations and Support account of such component, as of
October 1 of the subsequent fiscal year, shall immediately be
unavailable for obligation or expenditure and may not be
reprogrammed or transferred until corrective actions are
implemented and documented and the Inspector General
certifies to the appropriate committees of Congress that
corrective actions have been so implemented and documented.
(14) Definitions.--In this subsection:
(A) Chokehold.--The term ``chokehold'' means the prolonged
application of force to the throat, windpipe, or airway of
another individual that prevents the intake of air.
(B) Covered agency.--The term ``covered agency'' means--
(i) U.S. Customs and Border Protection;
(ii) U.S. Immigration and Customs Enforcement;
(iii) the Coast Guard;
(iv) the Transportation Security Administration;
(v) the United States Secret Service;
(vi) U.S. Citizenship and Immigration Services; and
(vii) Federal Protective Service.
(C) Covered officer.--The term ``covered officer'' means a
law enforcement officer or agent of the Department of
Homeland Security, or an individual acting under such
authority.
(D) Excessive use of force.--The term ``excessive use of
force'' means a use of force that exceeds the degree of force
permitted by law, this section, or the applicable policies
issued under this section.
(E) Serious bodily injury.--The term ``serious bodily
injury'' has the meaning given such term in section 2246 of
title 18, United States Code.
(k) Enforcement of Detention Standards.--
(1) In general.--None of the funds appropriated or
otherwise made available to the Secretary of Homeland
Security by this Act or any other Act, including prior Acts
and laws other than appropriations Acts, may be used to
detain individuals at any facility operated by or for U.S.
Immigration and Customs Enforcement or U.S. Customs and
Border Protection, including pursuant to a contract,
intergovernmental service agreement, grant, cooperative
agreement, or any other instrument of agreement that does not
require compliance with a national detention standard
requiring, at a minimum, access to adequate medical care,
safe and sanitary conditions, and for immediate,
confidential, and regular access when requested by a detained
individual, to an attorney for the purposes of legal
representation or consultation.
(2) Applicability.--Paragraph (1) shall apply only to
facilities operating pursuant to a contract,
intergovernmental service agreement, grant, cooperative
agreement, or any other instrument of agreement with a period
of performance or option period, whichever is initiated
first, beginning after the date of the enactment of this Act.
(3) Monthly report.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, and every fifth business day of
each month thereafter, the Inspector General of the
Department of Homeland Security shall publish a report on a
publicly accessible website of the Department of Homeland
Security that includes--
(i) a list of facilities that do not meet the requirements
of paragraph (1); and
(ii) the three most recent evaluations for each facility
described in that paragraph.
(B) Retention.--Each monthly report required by
subparagraph (A) shall be archived on the same publicly
accessible website on which the reports under that
subparagraph are published.
(l) Prohibition on Collection and Retention of Personally
Identifiable Information of Individuals Engaged in First
Amendment Activities.--None of the funds appropriated or
otherwise made available to the Secretary of Homeland
Security by this Act or any other Act, including prior Acts
and laws other than appropriations Acts, may be used to
collect or store personally identifiable information, or to
surveil, document, target, arrest, or detain individuals

[[Page S2602]]

who are exercising rights or participating in conduct or
speech protected by the First Amendment to the United States
Constitution.
(m) Search and Seizure Protections.--None of the funds
appropriated or otherwise made available to the Secretary of
Homeland Security by this Act or any other Act, including
prior Acts and laws other than appropriations Acts, may be
used to implement, administer, or otherwise carry out the
activities and policies described in the memorandum issued by
the Acting Director of Immigration and Customs Enforcement on
May 12, 2025, entitled ``Utilizing Form I-205, Warrant of
Removal'' or any successor or similar memorandum, policy, or
guidance that purports that the Fourth Amendment standard for
forced entry into private property be satisfied by an
administrative warrant or other warrant issued by an
executive branch official, or any warrant other than a
warrant issued by a neutral and detached judicial officer or
magistrate judge upon a finding of probable cause.
(n) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
includes--
(1) the Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
______